Thirty of the 35 proposed "Changes to the TCK Draft" by the TCK Women's Platform, were accepted by the parliament. The platform was formed three years ago.
According to women, the most important change to the TCK is that sexual crimes against women are no longer considered as crimes against "the society," or "the family," but "crimes against an individual."
Other improvements are as follows: Under the new TCK, domestic violence is defined as "torture," partner rape is considered a "crime," the notion of "honor" is removed from the TCK, and honor crimes, although defined as "tradition motivated," are listed under the article, "killing an individual."
Below are the regulations under the new TCK:
Gains
* Sexual crimes are listed under the section on "crimes against individuals;"
* Rape and sexual assault are clearly named and defined. The notion of "honor" has been removed from the TCK;
* It is clearly stated in the TCK that rape can be vaginal, oral or anal, or with the use of a device;
* Partner rape is considered punishable;
* When constant, domestic violence is defined as torture;
* Articles that distinguish and discriminate between married and single women, and those who are virgins and those who are not, have been removed from the TCK;
* Regulations on women marrying their rapists or those who kidnap them, have been removed;
* There will no longer be reductions to punishments for sexual crimes against a child on grounds that the child had consent;
* "Sexual harassment at workplace" is considered a crime.
Note implementation of "wrongful provocation"
Article 29 of the TCK on "wrongful provocation" opens the way for reduced punishments for crimes committed under "rage and intense anguish resulting from a wrongful act."
Under this article, it is necessary that a "wrongful act was committed" against the person to be handed a reduced punishment. When a woman gets killed because she was raped or enjoyed her sexual freedom, the case will not be considered under the article of wrongful act.
If adultery, which the government brought on the agenda "with the aim of protecting women's honor," had become a crime under the penal code, it would have been considered a wrongful act. And the murderer of an adulterous person would benefit from a reduced punishment. This is why it is important that adultery was not made a crime.
Since there is no statement among legal grounds under the "wrongful act" article, clarifying that "honor murderers may not benefit from a reduction in punishment," it is important that women's groups carefully watch the article's implementation.
Tradition crimes are honor crimes
Honor crimes, although defined as "tradition motivated," are listed under the article "killing an individual," and are punishable with heavy prison sentences.
Women's groups opposed the concept of "tradition crimes" and asked that the notion of "tradition motivated" under the article on "killing an individual," is rewritten as "honor motivated."
But under the article on reduced punishment in cases of wrongful act, the notion "tradition-honor murder" is included. This regulation shows that tradition can be used to mean honor. The law will be corrected through interpretation.
Demands that were not accepted
Virginity tests:
* Under the new TCK, virginity tests will only be conducted with the decision of a judge or a prosecutor. But the article on "sexual relations with the under-aged," prepares ground for virginity tests.
* With this new article, it has become easier to make a judge or a prosecutor decide for virginity tests.
* Under the article, the victim has no say over the virginity test. Health care personnel who conduct the test are not liable.
* The women's groups demanded that the TCK article on "Genital Exam" is rewritten to clearly ban virginity tests.
Sexual relations with the under-aged:
* This new article allows for imprisoning young people between the ages of 15 and 18 if they engage in sexual acts.
* This implementation conflicts with the Children's Rights Protocol, and the Global Declaration on Human Rights, ratified by Turkey.
Women's groups wanted this article to be removed from the TCK.
Discrimination:
The article on discrimination protects some economic rights while not punishing discrimination against homosexuals.
Women's groups wanted the article on "sexual orientation" to be added to
that article, and asked that the article is rewritten to oversee "political,
economic and social" rights.
Obscenity:
Women's groups oppose the article on "obscenity" saying the notion is vague and does not define which acts are considered as such.
TCK Women's Platform argues that publications on domestic sexual harassment or books on sexual education could be banned under the article, because of this vagueness.
The platform asks that "this article, which opens the way for the arbitrary limitations on the freedom of expression, publication, education and press freedom, is rewritten in such a way that it no longer limits the freedom of expression." (BB/EU/EA/YE)
